On The Equity Acquisition System Of Company,Limited In China

Company as the important carrier of social and economic development,equity transfer as one of the form of capital operation,to maintain the transaction security is a top priority.Good faith system is mainly to protect the interests of the third person in good faith acquisition,so good faith system applicable in the equity transfer has been more and more attention.Different form of enterprise organization form,the equity transfer of legal norms,different trading rules,etc.Such as co.,LTD.,and supported by a listed company is given priority to,stock transfer restrictive conditions is relatively small,and limited liability company or sex is stronger,equity transfer subject to many restrictions,so this article mainly discusses the acquirement of a limited liability company equity transfer in our country.Of the company law promulgated in 2011,the Supreme Court judicial interpretation(3),in the form of legislation to be applied equity of confirmed goodwill,may refer to equity in good provisions shall be applicable to the real right system of good faith.Good faith system,as an important legal system,in a conflict between a variety of interests,after weighing,from the protection of transaction security and safeguard the interests of the trust level,finally chose the protection for the interests of the ‘rights'.However,because of changes in equity pattern,the nature of the register of shareholders,equity attribute uncertainty,such as industrial and commercial registration in equity in the application of the good faith system also has many problems,also need to further perfect the law.The flaws of the existing legal system specification,make good faith system in judicial practice,there exist some loopholes,the suitable being questioned.Is at first,this paper discusses the equity of the individual factors of good faith system,and the rights of the stake in characterization,the equity transfer procedure and equity transfer mode is analyzed,it is concluded that the possibility has no right todispose of the equity,in this case,the good faith system applied in the field of equity transfer is the inevitable result of economic development.Secondly from academic circles dispute in good faith system,on the basis of certain that the existence,combined with the good faith system of judicial practice,from the point of view of theoretical basis,the feasibility of the good faith system conclusions.At last,by comparing with the system of property rights in good analysis,draw the system construction of our country system of good faith.The author through the analysis of the relevant factors,in view of the controversy in the good faith system of stock,from the perspective of judicial practice and theoretical basis of goodwill to affirm,build the good faith system in our country,puts forward Suggestions on goodwill obtain legal effect,and applicable to the specific circumstances and the suitable exception is discussed,in order to the development of the system of limited liability company equity goodwill in our country has made some contribution.